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On December 29, 2003 a worker arrived at a job site at 1955 Second Avenue, New York, New York to install a fence. The worker and his associates were all employees of a sub-contractor for a larger project. Their job was to install the fence. The larger project was for the New York Housing Authority. A different company was installing fuel oil tanks both below and above ground at the housing complex. Whenever a tank needed to be installed, a temporary chain link fence needed to be put up around it. One of those tanks was in the rear yard area at 1955 Second Avenue. The worker and his three co-workers parked their work truckon Second Avenue and unloaded the compressor. The compressor was very heavy, but it was on wheels.
The transport of the compressor was achieved with three men pushing the compressor while a fourth stood in front between handles like a rickshaw to pull and steer it. As they were moving the compressor down Second Avenue, one of the wheels jammed into a hole or depression in the roadway causing it to tilt to one side. The jarring motion of the compressor shoved the victim knocking him to the street. He sustained injuries in the fall. The victim filed a labor law claim because he contends that the City of New York failed to provide a safe place for him to work. His suit was filed against the New York City Housing Authority and against the companies that were in charge of the construction. Since he elected to receive worker’s compensation benefits, he was not allowed by law to file any direct lawsuit against the company that he was working directly for.
The Supreme Court ruled that since the victim was not able to show that the city had any prior knowledge of the sink hole that caused the compressor to tilt, it could not be held liable for any negligence in not having it fixed before the victim had his accident. Further, the victim’s claims against the companies that operated the construction site were dismissed. On the day of the accident, the only company employees that were at the site were the co-workers of the victim and the victim himself. There were no representatives of the charge companies on scene nor were they supervising or directing the task.
Issues of law are constantly changing. A person who is not specifically trained in the law cannot begin to know what all of their rights are without the assistance of a professional. Here at Steven Bilkis and Associates, we provide Truck Accident Attorneys, Injury Lawyers, Big Rig Jackknife Injury Attorneys, and 18 Wheeler Crash Injury lawyers. Commercial Truck Accident Lawyers will stand by you and ensure that your rights are protected. Wrongful Death Attorneys can argue your side and make sure that you and your loved ones are considered. We make sure that you are rightfully awarded compensation for your suffering.
Stephen Bilkis & Associates with its Personal Injury Lawyers has convenient offices throughout the New York Metropolitan area including other areas of New York. Our Commercial Truck Accident Attorneys can provide you with advice to guide you through difficult situations. Without a Personal Injury Lawyer you could lose precious compensation to help with your medical bills and the trauma to you and your loved ones following such a frightening experience. This is true even if the Attorney for the other side has not adequately made their case. Let us help you to recover from the devastation that has befallen your family. If you are ever the victim of a truck accident, we are here to help.